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Friday, November 04, 2005
John Paul Stevens has made his decision: now let him enforce it!
The dramatic expansion of eminent domain effected by Kelo v. New London is being challenged by Congress:
WASHINGTON (AP) - Conservative defenders of private property and liberal protectors of the poor joined in an overwhelming House vote to prevent local and state governments from seizing homes and businesses for use in economic development projects.Sometimes the little guy wins. Despite the 38 against including, unfortunately, two Republicans.The House legislation, passed 376-38, was in response to a widely criticized 5-4 ruling by the Supreme Court last June that allowed eminent domain authority to be used to obtain land for tax revenue-generating commercial purposes. […]
The bill would withhold for two years all federal economic development funds from states and localities that use economic development as a rationale for property seizures. It also would bar the federal government from using eminent domain powers for economic development.
It now goes to the Senate, where Sen. John Cornyn, R-Texas, has introduced similar legislation.
UPDATE: James Hunt e-mails that sometimes “the little guy wants eminent domain to revive his neighborhood” and provides this example.
Posted on November 4, 2005 08:57 AM. Permalink 